An Accra High Court yesterday struck out a contempt case brought against Mr Fred Asante, a member of the Council of State, and three others, because the application was not filed properly by the plaintiffs.

The court also awarded costs in the amount of ?2 million against the plaintiffs, Marmaduke Amewode and Hilda Amewude. Arguing before Mr Justice Kobena A. Acquaye, counsel for the defendant, Mr Seth Wiafe Danquah, said the application was ?wholly incompetent and irregular? as far as Order 59 of the High Court procedure code was concerned. It will be recalled that on September 10, the court granted an application for contempt proceedings against Fred Asante in a matter concerning the burial of his relative, Owusua Oduro Kwarten, aged 22.

Aba Rhule and two hospitals, the 37 Military Hospital in Accra and Kyebi Government Hospital in the Eastern Region, were also cited in the suit. The plaintiffs, who are the paternal uncle and aunt, respectively, of the deceased, has petitioned the court to commit the respondents to prison for ?willfully, intentionally and deliberately disobeying the court?s order.?

In an affidavit in support of their petition, the plaintiffs had claimed that they were given authority by Ms. Kwarten?s father, who lives in the United States, to oversee, together with other members of the family, her burial and funeral arrangements, which they initiated.

Although the plaintiffs had obtained from an Accra Circuit Court an interim injunction order restraining the defendants from burying Ms Kwarten on September 3, the defendants removed the body from the hospital on September 2 and buried it at Kyebi.